The Difficulty Of Proving The Facts Of Damage In The Case Of Consumer Data Privacy

Due to the rapid development of the internet,personal data is stored longer,easier to be searched and even analyzed and sold by different companies and organizations.As the new form of “privacy right” in contemporary world,data privacy is facing serious threats.Regardless of European Data-protection-oriented method or American consumer protection method,they all reflect that countries across the world are all trying to maximize the protection of internet safety and fundamental rights of the individual.While under the current legal system of China,despite the release of “Tort Law of China” and “Cyber Security Law of the People’s Republic of China” and etc.,we still haven’t made specific law regarding how to prove the facts of damage in data privacy case and how to assign the burden of prove in such cases too.Therefore,in real life circumstances,the data privacy right of consumers is not under reasonable protection.This paper analyzes the current difficult situation of proving the damages in case of data privacy right violation and demonstrates the necessity and importance of protecting it.The paper also examines the reasons causing this difficulty from two levels: content and technicality.From the point of view of content,firstly we need to analyze the definition and boundaries of data privacy right,in order to show the conceptual nature of it and the difficulty to calculate the real damage in specific way.From the technique point of view,this paper points out the insufficient protection method of our consumer data and the unreasonable system of burden of prove.Also the paper shows how to address the issues of burden of prove of both parties when we place the situation under the current litigation structure.In the meantime,by demonstrating some related domestic or foreign legal cases,the paper further points out the outcome of the difficulty and the problems we are still facing.In the end,by comparing to more mature European and American related laws and regulations,this paper intends to find a solution for this situation,including finding the right way of data privacy protection mode,burden of prove and etc.In conclusion,this paper emphasizes the necessity of solving the difficulty of proving the damages in case of consumer data privacy violation and it demands the real legal support in practice.Based on the internet consumer practice,the paper analyzes the difficulty of proving the damages in case of consumer data privacy violation from theory and practice points of views.However,apart from borrowing some advanced legal framework from aboard,we also need to focus on understanding our own situation and develop this area both in theory as well as in practice.